Shivakumar vs Tejkumar

Type Court Judgment Court Karnataka Decided Feb 06, 2025

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Citation: sooperkanoon.com/1734336
Court: Karnataka High Court
Judge: H.T. Narendra Prasad
Decided On: Feb 06, 2025
Case Number: WP/18148/2023

Parties & Advocates

Appellant / Petitioner

Shivakumar

Respondent

Tejkumar

Excerpt

.....24.05.2023 passed by the ii additional senior civil judge and jmfc, shivamogga in m.a.no.42/2022, whereby the order dated 29.09.2022 passed by the principal civil judge and jmfc, shivamogga on ia no.1 in o.s.no.363/2022 has been confirmed.2. the plaintiff filed a suit for bare injunction. alongwith the plaint, he filed an application under order xxxix rules 1 and 2 of cpc. on service of summons, defendant has filed the written statement. the trial court, after considering the submissions of both the parties dismissed ia no.1 filed by the plaintiff under order xxxix rules 1 and 2 of cpc. being aggrieved by the same, the plaintiff filed an appeal before the ii additional senior civil judge and jmfc, shivamogga in m.a.no.42/2022. the i -3- appellate court confirmed the order passed by the trial court. being aggrieved by the same, the plaintiff is before this court.3. both the courts have considered the materialsproduced by the petitioner/plaintiff and given a concurrent finding and passed the impugned order. since the suit is set down for evidence, under these circumstances, in the interest of justice, this court can modify the order passed by the i appellate court and parties be directed to maintain status-quo till the disposal of the suit.4. accordingly, the following order is passed.(i) the writ petition is allowed in part.(ii) the order dated 24.05.2023 passed by the i appellate court in m.a.no.42/2022 is modified to the extent that the parties are directed to maintain status-quo till the dispoal of the suit. -4-(iii) the trial court is directed to dispose of thesuit as expeditiously as possible, not later than six months from the date of receipt of a copy of this order, without being influenced by the observations made by both the courts.(iv) the parties are directed to co-operate for speedy disposal of the suit. sd/- (h.t. narendra prasad) judge cm list no.: 1 sl no.: 55

Full Judgment

-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 18148 OF 2023 (GM-CPC) BETWEEN: SHIVAKUMAR S/O LATE K.M. ESHWARAPPA AGED ABOUT 42 YEARS R/O SIDDAPPA MAIN ROAD SIDDESHWARA NAGARA SHANTHAMMA LAYOUT VIDYANAGAR, SHIMOGA - 577 201. …PETITIONER (BY SRI. SHRAVAN MADHAV K P.,ADVOCATE) AND: TEJKUMAR S/O LATE SANJEEVAPPA AGED ABOUT 45 YEARS R/O DESHIA NALE
Digitally signed by OPP. HIGHER PRIMARY SCHOOL HEMALATHA A Location: HIGH NAVULE, SAVALANGA ROAD COURT OF SHIMOGA CITY KARNATAKA …RESPONDENT (BY SRI. S V PRAKASH.,ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-SET ASIDE THE

ORDER PASSED BY THE II ADDL. SENIOR CIVIL JUDGE AND

JMFC, AT SHIVAMOGGA IN M.A. NO. 42/2022, DATED: BY THE COURT OF PRINCIPAL CIVIL JUDGE AND JMFC, SHIVAMOGGA IN I.A.NO. 1/2022 OF O.S.NO. 363/2022, DATED -2- THIS PETITION, COMING ON FOR ORDERS, THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD

ORAL ORDER

This petition is filed by the plaintiff under Article 227

of the Constitution of India, praying to quash the order

dated 24.05.2023 passed by the II Additional Senior Civil Judge and JMFC, Shivamogga in M.A.No.42/2022, whereby the order dated 29.09.2022 passed by the Principal Civil Judge and JMFC, Shivamogga on IA No.1 in O.S.No.363/2022 has been confirmed.

2. The plaintiff filed a suit for bare injunction. Along

with the plaint, he filed an application under Order XXXIX Rules 1 and 2 of CPC. On service of summons, defendant has filed the written statement. The trial court, after considering the submissions of both the parties dismissed IA No.1 filed by the plaintiff under Order XXXIX Rules 1 and 2 of CPC. Being aggrieved by the same, the plaintiff filed an appeal before the II Additional Senior Civil Judge and JMFC, Shivamogga in M.A.No.42/2022. The I -3- Appellate Court confirmed the order passed by the trial court. Being aggrieved by the same, the plaintiff is before this Court.

3. Both the courts have considered the materials

produced by the petitioner/plaintiff and given a concurrent finding and passed the impugned order. Since the suit is set down for evidence, under these circumstances, in the interest of justice, this Court can modify the order passed by the I Appellate Court and parties be directed to maintain status-quo till the disposal of the suit.

4. Accordingly, the following order is passed.

(i) The writ petition is allowed in part.

(ii) The order dated 24.05.2023 passed by the I Appellate Court in M.A.No.42/2022 is modified to the extent that the parties are directed to maintain status-quo till the dispoal of the suit. -4-

(iii) The trial court is directed to dispose of the

suit as expeditiously as possible, not later than six months from the date of receipt of a copy of this order, without being influenced by the observations made by both the courts.

(iv) The parties are directed to co-operate for speedy disposal of the suit. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 55

Same Court & Year Karnataka · 2025 Same Parties Shivakumar vs Tejkumar Same Judge H.T. Narendra Prasad